Working as freelancer with spouse sponsored KITAS

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  • Tinuviel
    Member
    • Jul 2018
    • 6

    Working as freelancer with spouse sponsored KITAS

    Hi,
    ​​​​First of all, I used to check this forum quite often, when my husband and I were searching infos about mixed marriage and later before making my first KITAS. It was always a huge help and it is really awesome, that there is such a forum! 🙂
    ​​​​​
    ​​​​​I live in Indonesia now since a few years and was often wondering, how could I also put some money into the household, because the KITAS yearly is not cheap. Recently I saw here that someone also posted here, if it is possible for a bule to work and I saw in the English translation of the law and the conclusion, that there are cases when you don't even need work permit.

    I would like to do online reviewing on my blog, but I am a little confused, because at having online business, the translation said that you need work permit, but in the conclusion it was written, that for freelancers no work permit needed.

    I think online reviewing is freelance work, but before starting it, I want to make sure that is it ok if I do it and really no work permit is needed? And if I have to make any document, or anything about it to any office.

    Thank you very much for your help and answer! ☺️
  • marcus
    Member
    • Jul 2008
    • 9214

    #2
    There are 2 kind of spouse sponsored KITAS , one is being sponsored by a foreigner spouse holding a KITAS and the other is being sponsored by an Indonesian spouse .

    As you said "mix marriage" , I assume your spouse is Indonesian , right ? If so :

    From what we know from a meeting with PERCA and Manpower Department officers , I understand that you should do freelancer work tied to the Indonesian spouse's small business . In this way you also benefit in paying lower Indonesian income tax .

    Now , talking specifically on online work , we have (from the meeting referred above) :

    [.....
    F) A foreigner in a mixed marriage with KITAS/KITAP sponsored by Indonesian spouse working from home and having online businesses. Does not have an office and legal business such as PT or PT PMA. Because this foreigner is conducting work even though he only works online so this foreigner must have the IMTA. This foreigner also cannot sign work contracts in Indonesia on behalf of himself .
    .....]

    I personally don't agree with that statement because if your Indonesian spouse has a small business to support this work , you can say that it is similar to the case below , made by the same Manpower officers :

    [.....
    D) Case: Husband / wife of a mixed marriage with cuisine chef background want to open a small cafe, with a small seating area is classified as a small business and does not require IMTA. When this business grows crowded and large, than it is necessary to have operating permits from the relevant authorities . When the businesses becomes a legal entity, then this foreign worker must have IMTA.
    .....]

    -------------------------------------------


    Anyway , I recommend you to talk to your local Kantor Imigrasi and Manpower Department office about your plan . I suggest you present the plan of working for your Indonesian spouse's small business .
    Last edited by marcus; 19-01-20, 13:46.

    Comment

    • Tinuviel
      Member
      • Jul 2018
      • 6

      #3
      Yes, my husband is Indonesian and I am from Europe.

      ​​​​​The problem, that I have no idea, how to put online reviewing into spouse business. I want to do it partly on a blog, if my husband owns the blog, it can be called his business? Or how else could I say it belieavle that I work on my husband's small business?

      Also, as I understand, no matter what, I should get work permit and go to the manpower office. However what confuses me, that for freelance work the conclusion says, it doesn't need work permit.

      When we were making my first KITAS, we asked the officers from curiosity, if I can work at home, like online, but the answer was confusing, because one said yes, meantime the other said, I can not earn money.

      Do you think they can help about this question in the immigration office? Because the local office was sometimes problematic, we went there for a document and they not wanted to make it, because they said it doesn't exist, when the immigration office asked it. Or when we had to make the birth certificate for our daughter, they not made it easy. I really don't know, why Indonesian buroqrats seem to like to make their clients' life difficult.

      Comment

      • marcus
        Member
        • Jul 2008
        • 9214

        #4
        Originally posted by Tinuviel View Post
        (1) ... if my husband owns the blog, it can be called his business? ...

        (2) Also, as I understand, no matter what, I should get work permit and go to the manpower office.

        (3) However what confuses me, that for freelance work the conclusion says, it doesn't need work permit.

        (4) ... the answer was confusing, because one said yes, meantime the other said, I can not earn money.

        (5) Do you think they can help about this question in the immigration office?

        (6) Because the local office was sometimes problematic, we went there for a document and they not wanted to make it, because they said it doesn't exist, ...

        (7) Or when we had to make the birth certificate for our daughter, they not made it easy.

        (8) I really don't know, why Indonesian buroqrats seem to like to make their clients' life difficult.

        (1) Yes , I guess . I think that you need to make the income from your work be tied to your Indonesian spouse's name/business (I don't know how because I am not a business specialist) .

        (2) No , you are mistaken . The old Work Law states that , but the 2011's Immigration Law states you have the right to work . As far as I understand , a new Law is "stronger" than an older Law . The way I see it : according to the Manpower Department's Regulation , it would not issue a Work Permit for the kind of work you intend to do , so either Manpower Dep. lets you work without a Work Permit or issues you a Work Permit after making a specific Regulation for cases like yours (most probably you will be allowed to work without a Work Permit) .

        (3) It is not that it doesn't need a Work Permit , but instead , the present Regulations have no procedure for that .

        (4) This is relatively common . This is why it is important to know the related Laws/Regulation .

        (5) Everything is possible . But I suggest you talk to them more because as they can deport you for some reason , so better go there with at least your spouse (a witness) to be sure they will not deport you because you do something they don't approve .

        (6) Sometimes it is a misunderstand . You could have asked us .

        (7) Birth certificate is issued by Kantor Catatan Sipil , not Immigration .

        (8) Once an Indonesian Minister said that around 50% of his employees don't know enough about the work to be done .
        Last edited by marcus; 22-07-18, 23:01.

        Comment

        • Tinuviel
          Member
          • Jul 2018
          • 6

          #5
          I guess with the blog maybe the owner names have to be changed, but very first I will have to go to the Manpower office to ask them about the work permit, because as you also said, if someone does something, what is not approved, they can be deported. They will probably know also, if I will have to pay and how much tax about the work, isn't it?

          I have to extend my KITAS very soon, we will ask the people in Kantor Immigrasi then. For asking, to play safe, I want to bring a copy of the law, could you please send me a link with the original Indonesian version of it?

          Oh I see. I guess they have no regulation yet maybe because as I know everyday people here, having a computer with Internet in a household, moreower work online is not that common like in Europe for example.

          That time I just forgot the forum and it came to my mind late. Sorry, I meant the birth certificate too to an example, we made it in the right office, but it was just long and needed to go back more times with more documents. We just have a bad experience with buroqracy here.
          Wow, half of them? Really sad and shocking. But I guess I start getting used it. What I will never understand, that before they do the work, how can they ask plus money in an envelope for it and not feel ashamed.

          Also I want to thank you very much for your help and quick answers, this forum is a great help!

          Comment

          • marcus
            Member
            • Jul 2008
            • 9214

            #6
            Originally posted by Tinuviel View Post
            ... I want to bring a copy of the law, could you please send me a link with the original Indonesian version of it? ...

            Be careful when talking to government officials . Be humble and respectful , because it can have bad consequences for you if they become mad with you .


            ---------------------------------------------


            UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 6 TAHUN 2011
            TENTANG KEIMIGRASIAN
            ..............
            Pasal 52
            Izin Tinggal terbatas diberikan kepada:
            a. Orang Asing yang masuk Wilayah Indonesia dengan Visa tinggal terbatas;
            b. anak yang pada saat lahir di Wilayah Indonesia ayah dan/atau ibunya pemegang Izin Tinggal terbatas;
            c. Orang Asing yang diberikan alih status dari Izin Tinggal kunjungan;
            d. nakhoda, awak kapal, atau tenaga ahli asing di atas kapal laut, alat apung, atau instalasi yang beroperasi di wilayah perairan dan wilayah yurisdiksi Indonesia sesuai dengan ketentuan peraturan perundangundangan;
            e. Orang Asing yang kawin secara sah dengan warga negara Indonesia; atau
            f. anak dari Orang Asing yang kawin secara sah dengan warga negara Indonesia.
            ...
            Pasal 54
            (1) Izin Tinggal Tetap dapat diberikan kepada:
            a. Orang Asing pemegang Izin Tinggal terbatas sebagai rohaniwan, pekerja, investor, dan lanjut usia;
            b. keluarga karena perkawinan campuran;
            c. suami, istri, dan/atau anak dari Orang Asing pemegang Izin Tinggal Tetap; dan
            d. Orang Asing eks warga negara Indonesia dan eks subjek anak berkewarganegaraan ganda Republik Indonesia.
            (2) Izin Tinggal Tetap sebagaimana dimaksud pada ayat (1) tidak diberikan kepada Orang Asing yang tidak memiliki paspor kebangsaan.
            (3) Orang Asing pemegang Izin Tinggal Tetap merupakan penduduk Indonesia.
            ...
            Pasal 61
            Pemegang Izin Tinggal terbatas sebagaimana dimaksud dalam Pasal 52 huruf e dan huruf f dan pemegang Izin Tinggal Tetap sebagaimana dimaksud dalam Pasal 54 ayat (1) huruf b dan huruf d dapat melakukan pekerjaan dan/atau usaha untuk memenuhi kebutuhan hidup dan/atau keluarganya.

            Comment

            • Tinuviel
              Member
              • Jul 2018
              • 6

              #7
              We are careful, we are always very polite and patient, and that's why I wanted to ask here also about working, to not get into any trouble.

              From this year will be my fifth KITAS, and I definitely not want to ruin anything now, that after it I can apply to became WNI.

              Umm anyway, sorry for the offtopic question, but if I can ask, do you know that a KITAS can be extended 5 times, or you can have max 5 KITAS all? I saw somewhere that the first, which would be great, but I knew earlier like that that one can have max 5, so I am a little confused now, which is true. I guess, later I ask also this.

              Thank you very much for copying here the needed law part!

              Comment

              • marcus
                Member
                • Jul 2008
                • 9214

                #8
                Originally posted by Tinuviel View Post
                ... do you know that a KITAS can be extended 5 times, or you can have max 5 KITAS all? ...

                From what I heard in the Forum , most agents and officers will say that you can have KITAS for 5 years (1 original + 4 extensions , for an one year KITAS) .

                But from Article 148 of PP 31/2013 I understand that (as your KITAS is for 1 year) you can have 1 original + 5 extension (6 years maximum) .

                If you want to become Indonesian , this information is very important for you , because if your Kantor Imigrasi does not give you the 6th KITAS you will have to get a KITAP or wait until completing your 10th year in Indonesia .


                PP no.31 , year 2013
                Article 148
                (1) The Limited Stay Permit/KITAS shall be granted for the maximum period of 2 (two) years and may be extended.
                (2) Each extension as contemplated in clause (1) shall be granted for 2 (two) years maximum provided that the overall Stay Permit in the Indonesian Territory shall not exceed 6 (six) years.

                PP no.31 Tahun 2013
                Pasal 148
                (1) Izin Tinggal terbatas diberikan untuk waktu paling lama 2 (dua) tahun dan dapat diperpanjang.
                (2) Setiap kali perpanjangan sebagaimana dimaksud pada ayat (1) diberikan paling lama 2 (dua) tahun dengan ketentuan keseluruhan Izin Tinggal di Wilayah Indonesia tidak lebih dari 6 (enam) tahun.
                Last edited by marcus; 24-07-18, 23:29.

                Comment

                • Tinuviel
                  Member
                  • Jul 2018
                  • 6

                  #9
                  Yes, I also wanted to ask it because of this, I want to became WNI asap, and I want thinking a lot nowadays at, that what kind of visa I can get meantime the citizenship procedure, which I have read that is 6 months long.

                  But I really hope now, if a 6th KITAS is possible, that I can have it. I definitely do not want to make KITAP for a half year (not to mention its price and going back and forth to Jakarta). My husband and I will ask this 6th KITAS too, together with, that what documents and wherefrom are needed for becoming WNI, plus how much it is, and generally every info about the procedure.

                  Comment

                  • marcus
                    Member
                    • Jul 2008
                    • 9214

                    #10
                    Originally posted by Tinuviel View Post
                    (a) ... what kind of visa I can get meantime the citizenship procedure ... I definitely do not want to make KITAP

                    (b) KITAP for a half year (.. going back and forth to Jakarta) ...

                    (a) Unfortunately you will have to get a KITAP (forgot to tell you before) . See below the requirements for getting the "Surat Keterangan Keimigrasian" , a document required in the process to become Indonesian .

                    Note : ITAS/KITAS and ITAP/KITAP are not Visas .

                    (b) You (or someone else) don't need to go personally to Jakarta . People in this Forum have said that Immigration itself is sending/receiving the documents to/from Jakarta (5 years ago I sent through courier) , or if you request online , the documents are sent through the internet .


                    from https://izintinggal.imigrasi.go.id/I...aq.xhtml?tab=4

                    [.....
                    4. Surat Keterangan Keimigrasian untuk proses Pewarganegaraan atau yang biasa kita sebut Naturalisasi diberikan kepada orang asing yang telah memenuhi persyaratan:

                    a. mengisi formulir sesuai ketentuan yang berlaku;
                    b. menunjukan asli dan melampirkan fotokopi:
                    - paspor kebangsaan yang sah dan masih berlaku
                    - izin tinggal tetap/KITAP yang sah dan masih berlaku
                    c. pada waktu mengajukan permohonan sudah bertempat tinggal di wilayah negara Republik Indonesia untuk jangka waktu:
                    - paling singkat 5 (lima) tahun berturut-turut;
                    - paling singkat 10 (sepuluh) tahun tidak berturut-turut.
                    d. tidak terdapat dalam daftar pencegahan;
                    e. pas foto terbaru berlatar warna merah berukuran 3 cm x 4 cm sebanyak 2 (dua) lembar dan ukuran 4 cm x 6 cm sebanyak 4 (empat) lembar;
                    f. Nomor Pokok Wajib Pajak (NPWP);
                    g. surat kuasa bermaterai jika pengajuan permohonan dikuasakan.

                    ..... ]

                    Note : if necessary , Google Translate .

                    Comment

                    • Tinuviel
                      Member
                      • Jul 2018
                      • 6

                      #11
                      Well, at least my shock in the office will be smaller, that what is needed, that I know this now. And I guess, it could be worse, a little more and I am WNI and then we will not have to go to the Kantor Immigrasi again.

                      Thank you so much for your help and patience for my questions, it was a big help and I think, next year, before the WNI process, I will definitely check this forum about the procedure!

                      Comment

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